Code of Criminal Procedure, 1898 — Section 344: Power to postpone or adjourn proceedings

344. Power to postpone or adjourn proceedings.__ (1) If, from the absence of a witness, or any other reasonable cause, it becomes necessary or advisable to postpone the commencement of, or adjourn any inquiry or trial, the Court may, if it thinks fit, by order in writing, stating the reasons therefor, from time to time, postpone or adjourn the same on such terms 3[including adjournment costs] as it thinks fit, for such time as it considers reasonable, and may by a warrant remand the accused if in custody : Remand. Provided that no Magistrate shall remand an accused person to custody under this section for a term exceeding fifteen days at a time.

(2)Every order made under this section by a Court other than a High Court shall be in writing signed by the presiding Judge or Magistrate. Explanation.__ Reasonable cause for remand. If sufficient evidence has been obtained to raise a suspicion that the accused may have committed an offence, and it appears likely that further evidence may be obtained by a remand, this is a reasonable cause for a remand. Offence. Sections of Persons by whom offence may Pakistan Penal be compounded. Code applicable. Uttering words, etc., with deliberate intent 298 The person whose religious to wound the religious feelings of any feelings are intended to be person. wounded. 1 [* * * * * * *] Wrongfully restraining or 341, 342 The person restrained or confining any person. confined. Assault or use of criminal force. 352,355,358 The person assaulted or to whom criminal forces is used. Unlawful compulsory labour.. 374 The person compelled to labour. Mischief, when the only loss or damage 426, 427 The person to whom the loss or caused is loss or damage to a private person damage is caused. Criminal trespass .. .. 447 The person in possession of House-trespass .. .. 448 the property trespassed upon. 1 [(2) 2[Subject to sub-section (7), the] offences punishable under the sections of the Pakistan Penal Code (XLV of 1860) specified in the first two columns of the table next following may, with the permission of the Court before which any prosecution for such offence is pending, be compounded by the persons mentioned in the third column of that table: Offence Sections of the Persons by whom offence may be Pakistan Penal Code compounded applicable 3 [Rioting 147 The person against whom the offence was committed or the heirs of such person, as the case may be, if the offence was committed alongwith another compoundable offence Rioting armed with deadly weapon 148 Ditto] 4 5 [Qatl-i-amd 302 [by the heirs of the victim, subject to the provisions of section 311.]. Qatl under ikrah-i-tam 303 Ditto. Qatl-i-amd not liable to qisas 308 Ditto. Cases in which qisas for hurt cannot be 337N Ditto enforced Isqat-i-haml 338A The victim or the heirs of the victim, as the case may be. Isqat-i-janin 338C The victim or the heirs of the victim, as the case may be.] Wrongfully confining a person 343 The person confined. for three days or more. Wrongfully confining a person in secret. 346 Ditto. Assault or criminal force in attempting 357 The person assaulted or to whom the force was wrongfully to confine a person. used. Dishonest misappropriation of property 403 The owner of the property misappropriated. Cheating .. .. .. 417 The person cheated. Cheating a person whose interest the 418 Ditto offender was bound, by law or by legal contract, to protect Cheating by personation .. .. .. 419 Ditto Cheating and dishonestly inducing 420 Ditto delivery of property or the making, alteration or destruction of a valuable security. Mischief by injury to work of irrigation 430 The person to whom the loss or damage is by wrongfully diverting water when the caused. only loss or damage caused is loss or damage to a private person House-trespass to commit an offence 451 The person in possession of the house (other than theft) punishable with trespassed upon. imprisonment. Using a false trade or property mark. 482 The person to whom loss or injury is caused by such use. Counterfeiting a trade or property mark 483 The person whose trade or property mark is used by another. counterfeited. Knowingly selling, or exposing or 486 Ditto. possessing for sale or for trade or manufacturing purpose, goods marked with a counterfeit trade or property mark. Marrying again during the lifetime of a 494 The husband or wife of the person so marrying. husband or wife. Uttering words or sounds or making 509 The woman whom it is intended to insult or gestures or exhibiting any object whose privacy is intruded upon.] intending to insult the modesty of a woman or intruding upon the privacy of a woman. 1 [(2a) Where an offence under Chapter XVI of the Pakistan Penal Code, 1860 (Act XLV of 1860), has been committed in the name or on the pretext of karo kari, siyah kari or similar other customs or practices, such offence may be waived or compounded subject to such conditions as the Court may deem fit to impose with the consent of the parties having regard to the facts and circumstances of the case.]

(3)When any offence is compoundable under this section, the abetment of such offence or an attempt to commit such offence (when such attempt is itself an offence) may be compounded in like manner.

(4)When the person who would otherwise be competent to compound an offence under 2 this section is [under the age of eighteen years or is] an idiot or a lunatic, any person competent to contract on his behalf may 3[with the permission of the Court] compound such offence. 4 [(5) when the accused has been convicted and an appeal is pending, no composition for the offence shall be allowed without the leave of the Court before which the appeal is to be heard.] 3 [(5A) A High Court acting in the exercise of its powers of revision under section 439 5[,and a Court of Session so acting under section 439-A,] may allow any person to compound any offence which he is competent to compound under this section.]

(6)The composition of an offence under this section shall have the effect of an acquittal of the accused 2[with whom the offence has been compounded.] 348. Trial of persons previously convicted of offences against coinage, stamp-law or property.__ 1[(1)] Whoever, having been convicted of an offence punishable under Chapter XII or Chapter XVII of the Pakistan Penal Code (XLV of 1860) with imprisonment for a term of three years or upwards, is again accused of any offence punishable under either of those chapters with imprisonment for a term of three years or upwards, shall 2[if the Magistrate before whom the case is pending is satisfied that there are sufficient grounds 3[for the trial of the accused by the Court of Session or High Court, as the case may be, send the accused for trial to such Court] unless the Magistrate 4[is competent to try the case and] is of opinion that he can himself pass an adequate sentence if the accused is convicted: 5 [* * * * * * *] 6 [(2) When any person is sent for trial to the Court of Session or High Court under sub-section (1), any other person accused jointly with him in the trial shall be similarly sent for trial.]